Monthly Archives: November 2012

A divorce court did not err in classifying as marital debt on wife’s business credit cards in her name only, but the court did err in classifying appreciation in husband’s separate brokerage account as marital property, based on wife’s evidence ...

Although the parties’ consent order included a detailed revision of their custody arrangement, provided for payment of GAL fees and stated that “all other provisions” of the final divorce and the PSA “not inconsistent” with the consent order would remain ...

A Lynchburg U.S. District Court grants summary judgment to defendant discount store in this trip-and-fall suit filed by a 94-year-old plaintiff who has failed to show any evidence her fall resulted from a defective condition. Plaintiff alleged she “slipped” upon ...

After granting defendant summary judgment in plaintiff’s Title VII suit alleging gender discrimination and retaliation, a Harrisonburg U.S. District Court grants defendant its costs, but deducts the cost of defendant’s deposition of plaintiff’s husband as it was relevant only to ...

A Charlottesville U.S. District Court grants defendant’s motion to set aside default for good cause. Plaintiff filed this diversity action against defendant, seeking to recover the balance of a loan that defendants had guaranteed on behalf of Lehman Brothers Bank ...

A bankruptcy court did not err in rejecting the bankruptcy trustee’s complaint seeking to avoid a pre-petition transaction in which debtors gave their mortgage lender a “Deed of Confirmation of Deed of Trust,” guaranteeing the lender’s right to a first ...

A Charlottesville U.S. District grants summary judgment to defendant supermarket in plaintiff’s trip-and-fall suit alleging that placement of a display rack of canned vegetables negligently created a hazardous condition that proximately caused plaintiff to trip on the wire rack and ...

The Charlottesville U.S. District Court will hold a bench trial to determine whether plaintiff is bound by a Client Agreement to arbitrate her claims against defendant InCharge Debt Solutions, a credit counseling agency that allegedly falsely represented that it provided ...

An Abingdon U.S. District Court says a notice of voluntary dismissal of a former state employee’s grievance is a “public record” the court may consider, even if it was not readily available on the agency website, and the court rejects ...

A plan administrator abused its discretion in denying claimant ERISA disability benefits under the plan’s “own occupation” standard, as it did not explain how claimant was expected to perform the 20 percent of her job duties that were not sedentary, ...